When You Have to Give a DNA Sample – Call a Criminal Defense Attorney

Written by:Julian Stroleny PortraitJulian Stroleny

If you’ve ever watched crime television shows, you’ll be quite familiar with the idea of DNA sampling for the purpose of allowing law enforcement to match a suspect to a crime scene.

Florida Statues, Section 945.325, are clear on just how important DNA databases have become for modern criminal investigations. Not only are they used to identify criminals, but they’re equally helpful in ruling out certain suspects as well.

All About DNA Databases

To give you an idea of how important DNA analysis has become, the state of Florida and every other US state has declared that it’s in the best interests of the public to maintain a nationwide DNA profiling system. This includes samples from individuals who have committed specific types of misdemeanors, as well as specific kinds of felonies.

The name of this database is “CODIS,” which stands for “Combined DNA Index System.”
Any kind of biological evidence recovered from the scene of a crime can be added to CODIS and compared with the already-existing profiles. When there is a match between the profile and the relevant sample, serial rapists or murderers can in theory be quickly identified by law enforcement. An experienced Miami criminal defense attorney knows that the truth isn’t always as straightforward.

Is The Right Evidence Always Used?

Few would argue against CODIS as a powerful tool for law enforcement. At the same time DNA sampling can also link suspects on the database with crimes that happened years before, and in completely different states. If the samples are not carefully cataloged, it can potentially lead to a false conviction. True, CODIS can exclude those who weren’t involved in the crime, but the existence of DNA evidence doesn’t always prove wrongdoing.

Who Needs To Submit A DNA Sample?

Now for the important question. Who needs to submit a DNA sample for CODIS? At the time of writing this, offenders who qualify for the database are those committed to the county jail, or juveniles or adults who have faced a conviction for crimes of a sexually-motivated nature and some gang-related crimes. To gain further clarity on whether your charges fit the criteria for DNA profiling, it’s best to contact a Miami criminal defense attorney.

For now, however, it is only necessary to remember that any sexually-motivated or gang-related crimes, and certain felony-offenses will require that you provide a sampling of your DNA. Our criminal lawyer in Miami is on call to help you if you’ve been linked to a crime scene, or if you’re unsure whether you’re obligated to provide a DNA swab.

Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Miami Criminal Defense Attorney.

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